Judge blocks Virginia assault weapons ban days before it takes effect
A Virginia judge issued a preliminary injunction preventing state police from enforcing a ban on assault weapons just days before it was set to take effect. The legislation, signed by Governor Abigail Spanberger in April, aimed to prohibit the sale, purchase, importation, manufacture, and transfer of semiautomatic center-fire rifles or pistols holding more than 20 rounds, along with high-capacity magazines exceeding 15 rounds. The injunction follows a civil lawsuit filed by gun rights advocates, including Gun Owners of America and the Virginia Citizens Defense League, who argued that the ban violated Virginia’s constitutional rights to bear arms. The court’s decision means the ban will not go into effect on July 1 and will remain on hold until the end of the year. The Virginia Citizens Defense League expressed satisfaction with the ruling, while the plaintiff, john Crump, criticized it, noting the organizations lacked standing in the case. A similar legal challenge in Spotsylvania County was not granted a preliminary injunction. The case may be appealed, and the legal disagreements continue.
A Virginia judge on Thursday granted a preliminary injunction barring state police from enforcing an “assault weapons” ban days before it was supposed to take effect.
Gov. Abigail Spanberger (D-VA) signed sweeping gun control legislation in April that banned semiautomatic center-fire rifles or pistols that can hold more than 20 rounds, which quickly drew criticism from gun rights groups.
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Spanberger’s assault weapons ban would have prohibited the future sale, purchase, import, manufacture, and transfer of assault weapons in the Old Dominion. The gun control package also includes a ban on high-capacity magazines that can hold more than 15 rounds.
A Lancaster County Circuit Court judge handed down the ruling in the civil suit brought on by the gun rights activist John Crump and organizations including the Gun Owners of America and the Virginia Citizens Defense League, against Virginia State Police Superintendent Jeffrey Katz. The plaintiffs argued the ban violated Article I, Section 13 of the Virginia Constitution, which protects the right of Virginians to bear arms.
The judge’s ruling means Spanberger’s ban will no longer go into effect on July 1 as planned, and the preliminary injunction will last until the end of the year.
Phillip Van Cleave, the president of Virginia Citizens Defense League, told the Washington Examiner that the organization is “extremely pleased” with the ruling, but emphasized the fight is not over.
“VCDL is extremely pleased with this ruling, as it stops an unconstitutional violation of the rights of gun owners,” Van Cleave said. “We expect the state will appeal this to a higher court.”
Despite VCDL claiming victory, Crump said the judge ruled that the organizations joining the lawsuit did not have standing. He explained that the judge ruled he had standing as an individual affected by the ban, but the organizations did not.
“It was an absolute a** whooping,” Crump said about the case in a video posted to social media. “It was hilarious.”
A similar case was brought forward in Spotsylvania County last week, but the judge declined to grant a preliminary injunction. The plaintiffs in Spotsylvania had also sued under the same clause of the Virginia Constitution.
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Crump said the judge in Lancaster told the attorneys for the Virginia State Police superintendent that he is not bound to the ruling in Spotsylvania.
The Washington Examiner reached out to Spanberger’s office for comment.
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